From: Tami
Sent: Monday, August 17, 2009 12:32 PM
To: ‘YourLawnService Inc.’
Subject: RE: Hello
Dan, your example is not even close to the same situation. When the first window was broken I asked if your guys knew anything about it, and when they said they didn’t I did not automatically assume your guys did it, I did not cancel your service, I did not un-American like accuse your guys without proof; I did not mention it again until the second window was broken. I have also said all along I don’t think your guys did it intentionally and maybe didn’t even realize they did it at the time. However, they seem to be comfortable enough to lie to you about how they conduct themselves with your equipment, so their integrity is suspect. The circumstantial evidence collected over the last few months and the eye-witness visuals of how your guys use your equipment, has convinced me that your guys using your equipment broke my windows. I did not come to this conclusion simply because your guys were there.
Actually, just about every week I picked up rocks off the patio after your guys had been there, but until there was damage to my property I never thought about how your guys or equipment were putting the rocks there. Same in the front yard, there would be rocks on the front porch and in the grass; I would just put them back in the rock beds. I never assumed that your guys or equipment would cause damage with the stray rocks.
You know Dan; I have been really bothered by this whole situation. I actually decided over the week-end to pay you and let a court settle the window difference. Now, I am re-thinking that decision.
PS – I don’t throw rocks around in the back-yard, nor do my dogs, and I don’t have raccoons in my back-yard. You are grasping at straws.
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Monday, August 17, 2009 11:01 AM
To: Tami
Subject: Re: FW: Hello
Tami, There could be a lot of reasons why rocks are on your patio, dogs, raccoons, you!. Let me give you an example of your thought process. We are currently doing a Major concrete job near Helix high school. The fresh concrete was marked up, written on, tire marks from bicycles. There are kids who live in a house right next to the work, the kids hang outside. So according to your mid set it has to be those kids who did the damage. So according to you, you were there so its your fault ideologically I should call the police and have the kids prosecuted for vandalism because they were there right? Wrong! I would not blame someone unless I was positive they did it. I guess that is the difference between me & you. That is how Americas was founded. You just don’t make accusation’s unless you have proof. I have used this principle many times. Just because we were there doesn’t mean our guys did the damage and just because rocks were on your patio doesn’t mean we did it either.
Dan
I will not say any more.
On Thu, Aug 13, 2009 at 9:52 AM, Tami wrote:
This is beginning to upset me very much, too. It is not about greed, it is only about you taking responsibility for your men and your equipment. I have never said your men physically picked up or kicked the rocks into my yard; I believe it is your equipment that moves the rocks. Again, if it was the neighbors moving the rocks the same rock issue would not exist in my backyard nor would there be rocks on my back patio. I was NOT notified that the window was broke before your men started work that day.
Further, you stated, “The men swear they did not cross over the rocks with the mower running.” Your men are not being forthright with you. I am curious if they admitted to standing in my fountain to trim the palm tree, which clearly exhibits their lack of consideration for my property. How dare you even suggest this is about greed. I have no desire to take from you more than was taken from me; in fact I was willing to take less. Greed would be me wanting more. I have met you more than half way just to be done with it.
On a side note: Your man stood on my cheap plastic patio chair on unstable rocks and used a saw to trim one side of my tree (to trim the other side he stood in my fountain). You may want to discuss the danger of this with him, before you have a Worker’s Comp claim to deal with.
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Thursday, August 13, 2009 8:46 AM
To: Tami
Subject: Re: FW: Hello
This all does not make sense. The rocks are not put in the front lawn by my men. They did not go to the neighbors and pick them up or kick them into your yard. The men pick up rocks every week. They noticed the broken window that we reported to you before they stated work that day. Please do not use me as a scape goat in this matter. This is very unfair of you to assume we did it. I am really sorry that you have taken this position, and will be glad to stop service. I do not want to work with people like you. This upsets me very much and I think it comes down to greed. Please pay your bill and we will be finished with each other. Remember innocent until proven guilty, my men swear they did not do it. Again if we did it I would have paid for the repairs, but we did not.
Dan
On Wed, Aug 12, 2009 at 4:46 PM, Tami wrote:
My apologies, I did not remember the contract. It still isn’t right that you are not accepting responsibility for your crew’s damage to my property nor should I be required to give them 30 more days to damage additional property.
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Wednesday, August 12, 2009 4:28 PM
To: Tami
Subject: Re: FW: Hello
I am faxing you the contact which shows your signature to the number below
On Wed, Aug 12, 2009 at 4:19 PM, Tami wrote:
Dan, I continue to disagree with you. In regards, to your belief that the rocks scattered on the front lawn are from the neighbors there are just as many rocks scattered in the backyard and often on the back patio each week and the neighbors are not in my backyard. That negates your reasoning of the rocks in the grass being the result of the neighbors. I am still convinced your equipment did the damage.
Please send me a copy of the contract as I don’t recall signing a contract. I am subtracting June and July from the cost of the windows and I have to pay the remaining $520 to replace the windows. I was ready to pursue this legally, but just this morning decided against it and to accept it as an unfortunate incident. If you wish to continue that path, please let me know.
I do not have hard feelings for you or for your crew. I gave your crew the benefit of the doubt the when the first window was broken then it happened again. You have very nice employees and I don’t think they broke the windows intentionally. Nevertheless they are broken.
Sincerely,
Tami
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Wednesday, August 12, 2009 3:45 PM
To: Tami
Subject: Re: FW: Hello
Tami, the person who observed proved my point more than yours. They were mowing the lawn and they could not see the rocks that were already on the grass until it was mowed. The men did not put the rocks there. When the guys were pushing the mower to the back over the rocks, did the person who observed this see rocks flying in the air? (doesn’t sound like it) or it would have been mentioned. The men swear they did not cross over the rocks with the mower running. The maintenance contract you signed stipulates that there must be a 30 day notice by either party to cancel the contract. This is ok with me to stop services now as long as I am paid for work performed (June & July) by the 20th of August, or I will bill for the entire month of August. Thanks for the opportunity to service your yard and i am sorry you are so upset with this situation. My point is that if I was sure my men cause the broken windows, I would take care of the problem. My men are adamant they did not do it and I cannot just pay for this without for sure knowing we did do it. I went out to the property Thursday afternoon to check out the situation, there were many rocks scattered in the lawn. So I really think that the rocks are being kicked or thrown from your neighbors yard.
Sincerely,
Dan
On Thu, Aug 6, 2009 at 1:52 PM, Tami wrote:
Hi Dan,
I am really disappointed to hear that you won’t accept responsibility for damage that your employees caused. I have a witness that watched your crew work last Friday. It was clearly observed that while one member mowed another walked behind him kicking rocks back into the rock beds. Proof that your equipment kicks up the rocks. It was also observed that your crew does not shut off the mower when they go from front yard to back yard and walks the mower tilted on the back wheels through the rocks beds. Further, proof of opportunity for your equipment to cause damage with the rocks. I will be contacting you in regards to the pursuit of this matter.
It is time to terminate your services – effective today.
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Thursday, August 06, 2009 1:35 PM
To: Tami
Subject: Re: FW: Hello
Sorry for not getting back to you sooner, I have been out of town and just recently got back. We discussed the matter of the windows and even though you feel it is the fault of our equipment. I feel there is still no proof of our guys doing the damage therefore I do not feel I am responsible for the replacement of the windows.
Sincerely,
Dan
On Thu, Aug 6, 2009 at 11:20 AM, Tami wrote:
Hello Again,
I have not heard from you regarding my below email. Here is more information for your consideration. It was also witnessed last week that definitely your equipment kicks up the rocks. I had an estimate done for the windows. The cost to replace the two windows is $890.00. This is a great price considering my insurance company estimated that the living room window by itself would be just under $700.00.
Please let me know how you will be handling the payment of this.
Finally, although I appreciate the fact that your crew trims the palm tree in the backyard, I don’t appreciate them standing in my fountain to do it. I have a ladder and would be happy to put it out for their use.
Thank you,
From: Tami
Sent: Thursday, July 23, 2009 12:10 PM
To: ‘YourLawnService Inc.’
Subject: RE: Hello
Hello Again,
Last week-end I went through my front yard grass and picked up 58 rocks that were from the neighbor’s yard – the rocks were stretched out from right next to the property line all the way across the yard to the driveway from the sidewalk to the front walk. I also cleaned my backyard patio. This included moving my BBQ and chairs that sit next to the house – with about 3 inch clearance from house. When I moved these things I discovered many rocks behind them – which put the rocks 6 feet from the rock bed. This got me thinking, the only way the rocks could have gotten behind there was with your equipment – the blower in particular. Further, this led me to remember the day I watched your employee use his blower to blow leaves back into my front yard that had fallen on the neighbor’s rock front yard. So, with rocks on patio in tight places and the many rocks in the front yard – I believe that it is your blower that blew rocks into the front yard, onto the back patio and in the process broke my front windows. Your employee may have been being conscientious by blowing my leaves from the neighbor’s yard; I do not think my windows were broke intentionally and with the noise from the equipment they may not have even heard the windows break. Nevertheless they are still broken, my question is will YourLawnService accept the responsibility for my broken windows and pay to have them replaced? We can do this with or without your insurance company.
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Wednesday, July 15, 2009 10:35 AM
To: Tami
Subject: Re: Hello
Yes I did and they didn’t know anything about the broken window. Dan also checked the weed whacker to make sure it has the shield on to help prevent anything from flying up. It does have it on. We also told them to be extra careful when out at your house or anyone Else’s.
C
On Wed, Jul 15, 2009 at 9:55 AM, Tami wrote:
Good Morning,
Did you talk to Dan and the crew regarding my windows?
Thanks
Tami
From: YourLawnService Inc. [mailto:YourLawnServiceinc@gmail.com]
Sent: Tuesday, July 14, 2009 10:03 AM
To: Tami
Subject: Re: Hello
We are having a safety meeting today and I will bring this up to the crew and to Dan.
Thanks,
Christina
On Tue, Jul 14, 2009 at 9:46 AM, Tami wrote:
Hi Christina,
As you can see from my previous email below, my living room window was broken a few months ago. Last week I noticed my dining room window is broken. Both windows have similar little center holes and cracks radiating out. Both appear to have been broke by a small rock at high velocity. The only time I have had this issue was when a previous gardener’s weed whacker threw a rock into my sliding door. Ever since the neighbor replaced his front yard with rocks, there are stray rocks throughout my front grass from when your crew mows and turns around at the edge of the yard they drag rocks into my yard. The exact same thing happens in my backyard with the rocks there. I am constantly picking up rocks in the front and back grass and throwing them back into the rock beds. I don’t believe the windows were broken on purpose. But, please ask your crew if they know anything about the broken windows. It is going to cost me at least $1,000 ($500 ded per incident) to replace the windows and I truly don’t have that kind of money. Especially, if it is your crew’s equipment and it could happen again with or without their knowledge.
From: Tami
Sent: Wednesday, February 25, 2009 12:57 PM
To: ‘YourLawnService Inc.’
Subject: RE: Hello
No, I did not get the email.
From: YourLawnService Inc.
Sent: Wednesday, February 25, 2009 12:42 PM
To: Tami
Subject: Re: Hello
Actually Angel called Friday morning when they arrived at your house last week and informed me right away that there was a small crack on your window. He noticed it before they started work. I emailed you regarding it last Friday did you not get the email?
Christina
On Wed, Feb 25, 2009 at 11:21 AM, Tami wrote:
Hello Christina,
I noticed yesterday that my front window has a little hole and crack in it. Did your guys mention that some of the equipment threw a rock into my window the last time they were there? I ask this because my sliding glass door was broken by a previous gardener when his weed wacker threw up a rock. Also, when I have been home when your crew is working small rocks hear smalls rocks hit the house and/or windows.
